Claimant v Sainsbury's Supermarkets Ltd
Outcome
Individual claims
The claimant was employed for less than two years and therefore did not meet the statutory qualifying period under s.108 ERA 1996 to bring an unfair dismissal complaint. The claimant failed to provide an acceptable reason why the complaint should not be struck out.
Facts
Miss Turzynska was employed by Sainsbury's Supermarkets Ltd for less than two years before her dismissal. She brought a complaint of unfair dismissal along with other complaints. The tribunal considered whether she had the qualifying service required under the Employment Rights Act 1996.
Decision
The tribunal struck out the unfair dismissal complaint because the claimant did not have the required two years' continuous service under s.108 ERA 1996. The claimant was given the opportunity to provide reasons why the complaint should not be struck out but failed to do so. The claimant's other complaints remain unaffected.
Practical note
Unfair dismissal claims require two years' continuous employment unless the dismissal falls within an automatically unfair category; claims lacking qualifying service will be struck out.
Legal authorities cited
Statutes
Case details
- Case number
- 2302804/2024
- Decision date
- 4 February 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- retail
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No